Om Prakash And 3 Others vs State Of U.P. And Another
2021 Latest Caselaw 798 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 77
 

 
Case :- APPLICATION U/S 482 No. - 19048 of 2020
 

 
Applicant :- Om Prakash And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Manoj Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pankaj Bhatia,J.

The present application has been filed seeking quashing of the entire proceedings of Sessions Trial No. 466 of 2015 (State Vs. Kallu & Others) pending in the Court of District & Sessions Judge, Hapur including charge-sheet dated 21.6.2013 & 18.7.2013 arising out of Case Crime No. 101 of 2013, under Sections 307, 506, 34 I.P.C. and Section 3 of Prevention of Damages to Public Property Act, 1984, P.S. Babugarh, District Hapur and order dated 3.10.2020 passed by Sessions Judge, Hapur.

The contention of the counsel for the applicants is that the parties has amicably settled the dispute and thus the proceedings are liable to be quashed.

I am afraid, as the proceedings are under Section 307 IPC, this Court cannot exercise its jurisdiction to quash the proceedings in view of the judgment of Hon'ble Supreme Court in the case of Narinder Singh and Others Vs. State of Punjab and Another; (2014) 6 SCC 466.

The application is devoid of merits and is dismissed.

Order Date :- 12.1.2021

S. Rahman